SENATE,  May  6,  1864. — Considered  and  postponed  to,  and  made 
special  order  for,  Monday  next,  at  one  o'clock,  and  /irdercd  to  be 
printed. 

[By  Mr.  Wigfall.]     .  » 


EESOLTJTIOISrS 

In  relation  to  the  suspension  of  the  privilege  of  the  writ  of  Iiabcas 

corpus. 

1  1.  Resohvedy  That  the  Congress  of  the  Confederate  States  has 

* 

2  the  undoubted  right,  during  invasion  or  rebellion,  and  when  the 
8     public  safety  require  it,  to  suspend  the  privilege  of  the  writ  of 

4  Jiabeas  corpus  and  that  while  so  suspended  it  is  not  competent  for 

5  any  Confederate  Judge  to  discharge  from  custody  any  prisoner 

6  held  under  or  by  virtue  of   the  authority  of  the   Confederate 

7  States.  •                                                                  *  . 

1         2.  Resolved,  That  the  State  courts  being  established  by  State 
S     authority  can  in  no  manner  be  affected  by  Confederate  legislation, 

3  and    that,    therefore,    an    act   of    the    Confederate     Congress    . 

4  suspending  the  privilege  of  the  writ  of  habeas  corpus  does  not 

5  apply  to  them  and  in  no  wise  prevents  their  exercising  such 

6  jurisdiction  or  issuing  such  writs  as  by  the   laws  of  their  States 

7  they  are  allowed  to  exercise  or  issue.  * 

1  3.  Resolved,  That  the  State  and  Confederate  Governments  are 

2  s^arate,  distinct,  and  co-ordinate  Governments ;  that  each  has  its 


3  legislative,  excca:i>,^  au<i   jm'jj' ni  mvjmiluh  uir,  .mtl  is  a  perfect 

4  Government  in  itself,  and  that,  thorofore,  neither  can   interfere 

5  in  any  ^jiannur  with  thu.  fegislitivc,  executive  or  judicial  action 

6  ^of  the  other,  and  that  the  courts  of  neither  can  inquire  into  the 

7  legality  or  illegality  of  the  arrests  oi  pvi  >u:io  in  cuMody   under 

8  or  by  the   authority  of  the   other  or  afford  such   persons  any 

9  relief.  •         " 

I  4.  Resolved,  That  the  Constitution  of  the   Confederate  States 

S  is,  as  to  the  States,  and  between  them,  a  compact,  and  that  ok^  has, 

3  as  in  all  cases  of  compacts  between  sovereigns,  a  perfect  right  to 

4  declare  its  true  intent  and  meaning,  and  that  the  citizens  of  each 

« 

5  State  are  bound  by  such  decision. 

1  5.  Resolved,  That,  as  to  the  citizens  of  cacu  oiate,  the   Con- 

2  Btitution  of  the  (Confederate  States,  having  been  ordained  and 

3  established  by  the  same  authority  as  their  State  Constitution,  is 

4  equally  supreme  and  binding  over  theiu  as  their  State  Constitu- 

5  tion  is,  and  that  the  Government  established  by  it,  to  the  extent 

6  of  its  delegated  powers,  of  which  the  State  only  is  the  judge,  is 

7  as  fully  empowered  to  act  for  them  as  their  State  Governments, 

8  and  that  when  it  does  so  act,  their  State  Government,  having  no 

9  supremacy  over  the  Confederate  Government,  cannot  release  them 
10  ff%m  their  obligation  to  obey. 


